If you are experiencing domestic violence, you can ask for help and support from various services. You can also request protective measures, even if you decide not to report the violence to the police.
Listening and support
You can ask for support from your loved ones, your employer, and specialized organizations at any time. You do not have to file a police complaint to benefit from this support.
Your loved ones
Domestic violence can be a lonely and isolating experience. If you feel comfortable, try talking about the situation with people you trust, such as your family and friends. In addition, here are some other places where you can find support.
Your employer
Your employer has a legal duty to take measures to protect you in the workplace if they learn that you are experiencing domestic violence. This means that, by telling your employer or colleagues about the situation, you can benefit from certain protections. For example, you can ask for a safety and protection plan to be established for you.
Specialized services
You can also get support and assistance from a variety of specialized, free, and confidential resources.
Financial assistance for moving
You may be eligible for emergency financial assistance to make a financial plan that allows you to leave your abusive partner. Visit the following links for more information:
- Emergency financial assistance for victims of violence – Justice Québec (French only) (gouv.qc.ca)
- Compensation for Victims of Crime (IVAC) | Éducaloi (educaloi.qc.ca)
Protective measures if you file a police complaint
Several measures are available to protect you if your partner or ex-partner is arrested and charged with a crime. Here are a few examples.
Conditions imposed on the accused person
The police or a judge can impose conditions on a violent person at various stages of the legal process, including when they are arrested and before they are released. If you fear for your safety, tell the police or the prosecutor so that this can be taken into account. You also have the right to receive a copy of the conditions that have been imposed.
These conditions may prohibit the accused from doing certain things or may require them to do some things. For example, they may be prohibited from contacting you or asking anyone else to contact you in any way (text, email, social media, etc.). They may also be prohibited from owning a weaponor consuming alcohol.
When a person is found guilty of a crime related to domestic violence, they lose the right to possess a firearm.
If you are aware that your partner or ex-partner breaks their conditions, you can contact the police. The police will be able to take the appropriate action to stop the breach of conditions.
Protecting your privacy
If your case goes to court, you can ask the prosecutor for a publication ban to protect your identity. A publication ban means the media cannot publish or broadcast your name.
Making it easier to testify
Testifying against a partner or ex-partner is not easy, but it is often the best way to prove that a crime has occurred. The judge can make special arrangements to make testifying easier for you. For example, you could testify with someone you trust by your side or by video conference from outside the courtroom.
Protection even if the person is not convicted
You can request a type of peace bond that is specifically designed for situations of domestic or family violence. This type of peace bond is set out in section 810.03 of the Criminal Code. To get one, you must convince the court that you fear your intimate partner will commit a crime that would injure you, their child or your child.
If the judge grants the peace bond, your partner or ex-partner will have to respect certain conditions, for example, not being allowed to contact you or your child.
You can also request a more general peace bond if your situation does not meet the legal requirements for a peace bond specific to situations of domestic or family violence. This general peace bond is commonly called an “810”. To get one, you must convince the court that you are afraid your partner or ex-partner will harm you or your family, damage your property, or share an intimate image of you.
You can also apply to the Superior Court for a protection order, even if your partner or ex-partner has not been convicted of a crime. A protection order is a legal tool that orders a person to not do something or to stop doing it when you’re afraid for your life, health, or safety, for example in situations involving domestic violence. For example, you can ask the court to order your partner or ex-partner to stop hurting you, damaging your things or your home. The protection order can also prohibit them from contacting you or going near you.
You can also ask the court to urgently ban your partner or ex-partner from having a firearm for up to 30 days. This order is a “firearm prohibition order”. You can make this request anonymously. To obtain such an order, you need to prove that there is a reasonable risk to your safety or the safety of others.
You also have options if your partner or ex-partner is not allowed to have firearms, but you fear that they may access someone else’s firearms. You can ask the court for an “emergency limitation on access order”. The court may set rules on how this other person stores or uses their firearms, for up to 30 days. You can make this request anonymously. To obtain this order, you need to prove that the restrictions are necessary to immediately protect your safety or the safety of others.
You can obtain health and support services for your children without the other parent’s consent. However, you must first request an attestation from the director of criminal and penal prosecutions (Directeur des poursuites criminelles et pénales or DPCP). You can get this certificate even if you did not report the violence to the police.